Constitutional LawExecutive Powers, Functions and Structure in Kenya and Africa, Concepts, Theory, History and Practice – Chapter 8

My overarching argument in the Chapter 8 is that the production, regulation, reproduction and termination of executive power in Kenya and Africa has to contend with three (3) inter-related theoretical and philosophical or epistemological, political, and pragmatic questions. First, the need to promote popular sovereignty, constitutional democracy and service delivery. Second, avoiding executive fiat and despotism. Third, avoiding anarchy.

Chapter 5, “Methodology of Constitutional, Administrative and Regulatory Law in Kenya and Africa: The Constitutional Sociology, Political Economy and Cultural Politics of Sustainable Development” CODRALKA 1.

We review three (3) inter-related constitutional questions on public, Government and executive power in Kenya and Africa. First, what are the three (3) sets of public or governmetal powers in Kenya and Africa? Second, what are some of the components of these legislative, executive or administrative, and juridical or adjudicatory powers? Third, how are these powers, related procedures, shared, contested and reproduced horizontally and vertically?

What lessons do we learn from Afro-Kenyanist constitutional democracy, constitutional sociology, succession and transition politics, legal and political theory of power or the theory of legal and political power, and the related rights or liberties and processes? How did the Building Bridges Initiative (BBI) 2019 and 2020 Reports, and related constitutional reforms conceptualize and address public, government and executive power in Kenya?

Assess the trends under the (ADD) Kenyatta 1, Moi, Kibaki, Kenyatta 2, and Ruto administrations on the Executive powers and functrions, processes and outcomes. Common through Presidents, why? New MDAs by every president. MDAs abolished under the presidency of some presidnets, like Willam Ruto.

Some important literature emphasize that the Executive or the President has at least three (3) key powers and functions i.e. security, economy and foreign policy and diplomacy. And that foreign policy is often a reflection or projection of domestic policy especially on the (economy and security).

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